`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ARGENTUM PHARMACEUTICALS LLC, MYLAN PHARMACEUTICALS
`INC., BRECKENRIDGE PHARMACEUTICAL, INC., AND ALEMBIC
`PHARMACEUTICALS, LTD.,
`Petitioners,
`
`v.
`
`RESEARCH CORPORATION TECHNOLOGIES, INC.,
`Patent Owner.
`
`Case No. IPR2016-002041
`Patent No. RE 38,551
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`UNDER 37 C.F.R. § 42.70
`
`
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`
`
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`
`
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`
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`
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`1 Case IPR2016-01101, Case IPR2016-01242, and Case IPR2016-01245 have been
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`joined with this proceeding.
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` DC: 6293252-2
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`
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`
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`
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`IPR2016-00204
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`In accordance with 37 C.F.R. § 42.70(a) and the Scheduling Order (Paper
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`No. 20) as modified by the Joint Notice of Stipulation Concerning Schedule (Paper
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`No. 50), Patent Owner requests the opportunity to present oral argument on the
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`instituted grounds of unpatentability for U.S. Patent No. RE38,551 E (see Paper
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`No. 19, pp. 23-24), which encompasses each of the claim construction and
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`obviousness issues addressed in Petitioners’ Petition and Reply, Patent Owner’s
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`Response, and all exhibits thereto, including declarations and depositions.
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`The instituted grounds and other issues to be addressed at oral argument
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`include:
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`(1) Petitioners have failed to carry their burden under 35 U.S.C. § 316(e) to
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`prove that Claims 1–9 of the ’551 Patent are unpatentable under 35 U.S.C. § 103(a)
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`over Kohn 1991 and Silverman;
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`(2) Petitioners have failed to carry their burden under 35 U.S.C. § 316(e) to
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`prove that Claims 10–13 of the ’551 Patent are unpatentable under 35 U.S.C.
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`§ 103(a) over Kohn 1991, Silverman, and U.S. Patent No. 5,378,729;
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`(3) Petitioners’ Reply inappropriately introduced new arguments and
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`evidence outside the scope of a proper reply as defined in 37 C.F.R. § 42.23(b);
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`(4) Motion to Exclude Evidence Pursuant to 37 C.F.R. § 42.64 filed by
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`either Petitioners or Patent Owner; and
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`1
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`
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`lPR2016—00204
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`(5) Rebuttal to Petitioners’ presentation on all matters, including issues 1
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`through 4 above.
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`Patent Owner requests 30 minutes of argument time to address the issues in
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`the present proceeding. Oral argument (Due Date 7) is scheduled for January 24,
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`2017 (Paper No.20, p. 7).
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`
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`Date: December 20 2016 Respectfully submitted,
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`
`
`Registration No.: 36,253
`Jennifer L. Robbins
`
`Registration No.: 61,163
`
`Enrique D. Longton
`
`Registration No.: 47,304
`
`COVINGTON & BURLING LLP
`
`One CityCenter, 850 Tenth Street, NW
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`Washington, DC 20001
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`(202) 662-6000
`
`Attorney for Patent Owner
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`
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6,
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`I hereby certify that on this 20th day of
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`December 2016,
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`the foregoing Patent Owner’s Request for Oral Argument
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`Under 37 C.F.R. § 42.70 was served by electronic mail, by agreement of the
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`parties, on the following counsel of record for Petitioners.
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`PETITIONER (IPR2016-00204)
`Matthew J. Dowd (mjdowd@dowdpllc.com)
`DOWD PLLC
`
`William G. Jenks (wjenks@jenksiplaw.corn)
`JENKS IP LAW
`
`PETITIONER (IPR2016-01 101)
`Steven W. Parmelee (sparmelee@wsgr.com)
`Michael T. Rosato (rnrosato@wsgr.com)
`Jad A. Mills (jmills@wsgr.com)
`WILSON SONSINI GOODRICH & ROSATI
`
`PETITIONER (IPR2016—01242)
`Matthew L. Fedowitz (rnfedowitz@merchantgould.com)
`Daniel R. Evans (devans@merchantgould.corn)
`MERCHANT & GOULD P.C.
`
`PETITIONER (IPR2016—01245)
`Gary J. Speier (gspeier@carlsoncaspers.com)
`Jeffer Ali (jali@carlsoncaspers.com)
`CARLSON, CASPERS, VANDENBURGH, LINDQUIST & SCHUMAN, P.A.
`
` Date: December 20, 2016
`
`Andrea G. R ister, Esq.
`Reg. No.: 36,253
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